Article I: Membership



YORK USA BY-LAWSArticle I: MembershipArticle II: Club RepresentationArticle III: MeetingsArticle IV: Executive Committee Officers and ElectionsArticle V: Officers Duties and ResponsibilitiesArticle VI: Administrative PositionsArticle VII: Judiciary CommitteeArticle VIII: Amendments to the Constitution and By-LawsArticle IX: Seasonal, Registration and Budget YearArticle X: AssessmentsArticle XI: Conflicts of InterestArticle XII: MiscellaneousArticle XIII: DissolutionArticle I – MembershipA. The membership of York Unified Soccer Association, herein after referred to as YORK USA, shall consist of those clubs that have submitted a written request for provisional membership to the President and have been approved by a majority vote of the general membership. Provisional membership shall be for a term of twelve (12) months from the date of approval by the general membership, unless extended for good cause shown by the Executive Committee. Unless otherwise voted by the general membership, full membership shall be granted at the end of the provisional twelve-month period.1. Each prospective member club shall submit a current copy of their: a. Constitutionb. By-LawsC. $100 Bond Checkd. List of Executive Board Members 2. The membership application request shall be in a form acceptable to the Executive Committee. 3. Each prospective member club must submit a list of rostered teams to be considered for membership. Ifa member club exists within York USA covering the school district requested by the applying club, the applying club will not be considered for membership. The applying club’s school district will be determined based on the mailing address and/or home field location submitted on their application and By-Laws.B. Membership shall not be restricted by virtue of race, sex, creed, religion, national origin, or ethnic group.C. Each club accepted for membership agrees to support and adhere to the purposes and regulatory authority of the YORK USA Constitution and By-Laws.D. Member clubs must provide written notice to YORK USA prior to establishing a relationship with any organization not affiliated with Eastern Pennsylvania Youth Soccer Association (EPYSA). This does not include applying for membership in a tournament.E. No club may voluntarily resign their membership within YORK USA without written notification from the club president. Voluntary resignation notice shall be addressed to the President, c/o the YORK USA Executive Committee. All voluntary resignation shall be accepted at the end of the fall or spring season in which the resignation was presented.F. Each member club whether provisional or full, shall pay all annual fees and/or deposits assessed by the Executive Committee and approved by general membership. Such fees and/or deposits shall be payable no later than the date established by the Executive Committee. The Executive Committee may, upon receipt of written request, defer payments due no longer than forty-five (45) days after the established date said payment is due.G. The failure of any member club to pay outstanding fees or deposits shall cause immediate forfeiture of membership. H. Any club, team or individual may be removed from membership for good reason. At least one (1) month shall be between a motion for expulsion and expulsion vote.Article II – Club RepresentationA. Representatives and Alternates – Each member club shall designate in writing to the YORK USA Executive Committee within one month after the Annual General Meeting at least one person to be its representative to YORK USA. This representative shall be responsible for reporting all communication between YORK USA and their club. No more than one representative and two alternatives may be indicated. No one individual may be a representative or alternate for more than one-member club at any given meeting. Changes in club representation occurring after the Annual General Meeting and during a current term shall be submitted in writing to the office before the next general membership meeting.1. Any information dispersed at a meeting at which the club representative was in attendance shall be deemed to be notice to all affiliates of that member club.2. Each member club shall see that its club representative or alternate attends the Annual General Meeting and the monthly meetings thereafter.3. Failure of the club representative to attend these meetings may result in the automatic imposition of a fine for each meeting missed.B. Voting Privileges – Each full member club shall be entitled to cast one vote at all general membership meetings in which a vote takes place and at the Annual General Meeting. The voting privilege shall lie with the member club representative or the alternate. No other person may cast a vote on behalf of a member club.C. Majority Vote – A majority vote is required for any motion to pass at any meeting of YORK USA. A majority vote is defined as at least two-thirds of the voting power present at any meeting.Article III – MeetingsA. All meetings of YORK USA shall be conducted in conformance with “Roberts Rules of Order.”1. The President shall have the power to alter the order of business of any regularly scheduled meeting of the general membership to accommodate an invited guest.B. Quorum – At any meeting of YORK USA, a quorum must be in attendance to transact business. At both the Executive Committee and general membership meeting, a quorum shall consist of a simple majority of the voting members.C. Annual General Meeting – An annual general meeting shall be held on the second (2nd) Wednesday of the month of January at a site as deemed by the President and approved by the Executive Committee. The election of officers, adoption of fiscal budget, and ratification of any changes to the Constitution or By-Laws shall be considered at this meeting.D. Committee Meetings – Committee meetings shall be held at the direction of the chairperson with a minimum of one (1) week notice to all committee members.E. Executive Committee Meetings – The Executive Committee shall meet at least once each month on a day and at a place as determined by the Executive Committee. Each Executive Officer is expected to attend each meeting.F. General Membership Meeting – Regular meetings of the general membership shall be held on the second (2nd) Wednesday of March, June, August and November at a place and time as selected by the Executive Committee. All member clubs are required to have the appropriate representation at such general membership meetings.Article IV – Executive Committee Officers and ElectionsA. The Officers of the Executive Committee and their respective terms of office and election year is as follows:OFFICER TERM OF OFFICEELECTION YEARPRESIDENT2 years EvenEXECUTIVE VICE PRESIDENT2 years OddVICE PRESIDENT OF BOYS2 years EvenVICE PRESIDENT OF GIRLS2 years OddEXECUTIVE SECRETARY2 years EvenEXECUTIVE TREASURER2 years OddAT LARGE MEMBERS (1, 3, 5)2 years OddAT LARGE MEMBERS (2, 4, 6)2 years EvenB. Nominations – Any member of any full member club in good standing may nominate an individual for consideration to an office. Nominations shall be made to the Nominating Committee at least two (2) months prior to the Annual General Meeting, and nominations shall be closed one (1) month prior to the Annual General Meeting.1. Failing to receive nominations before the closing date for an office for election, the Nominating Committee may open the floor for nominations during the Annual General Meeting.C. Nominating Committee – The President shall appoint, with approval by the Executive Committee, a nominating chairperson and committee of no less than three (3) members. The Nominating Committee shall be responsible for polling and logging the proper nominations for offices prior to the Annual General Meeting. The Nominating Committee shall:1. Produce the appropriate secret ballot forms for use during the elections.2. Ensure that only members with full voting privileges receive the ballot forms.3. Collect and tabulate the results and report such to the general membership during the Annual General Meeting.D. Elections – Elections shall be secret ballot cast by those attendees of the Annual General Meeting with voting privileges. A quorum must be present in order to conduct elections. Elections shall be held as follows:1. In all calendar years ending in an even digit (0, 2, 4, 6, 8), the President, Vice President of Boys and Executive Secretary shall be nominated and elected.2. In all calendar years ending in an odd digit (1, 3, 5, 7, 9), the Executive Vice President, Vice President of Girls, and Executive Treasurer shall be nominated and elected.3. The At Large Members shall be nominated and elected in even and odd years as defined in Article IV, Section A, above. By default, the past President may choose the position of At Large Member 1. The past President may not serve as At Large Member 1 if at any time during their Presidency, the President was:a. Removed from office by majority vote for just cause.b. Resigns from office prior to the end of their term.E. Affiliation – Any individual currently or previously affiliated with a full member club in good standing is eligible to hold an office, and therefore, may be elected as an Officer.F. Vacancy – In the event that a vacancy of an office occurs, the Executive Committee shall order the Nominating Committee to commence emergency proceedings as soon as possible to fill the vacancy. The filling of a vacancy is temporary, and the newly elected officer shall only fill the position until the office is due for regularly scheduled nominations and elections.1. Filling a temporary vacancy shall not impede the individual from filling an office for full two terms if duly nominated and elected during the regular nomination and election period.2. If an office remains vacant for two (2) consecutive months, the Executive Committee may appoint an At Large Member to fill the position until such time as a nomination and election fills the office.G. Absence – Any Officer who is absent without reasonable cause three (3) consecutive months, or a total of five (5) meetings, either general membership or Executive Committee, within a six month period, shall thereby be deemed to have voluntarily resigned from office for the remainder of the term and shall be removed from office forthwith.H. Removal from Office – Any Officer of YORK USA may be removed from office without appeal on the recommendation of the Executive Committee and a two-thirds majority vote at any general membership meeting in which removal is proposed and a quorum is present.Article V – Officers Duties and ResponsibilitiesA. Executive Committee – The Executive Committee shall consist of the Officers as described herein above. The duties of the Executive Committee include:1. Recommending to YORK USA they expel, suspend, or assess fines or penalties, as it may deem appropriate for any violation, or breach of the Constitution, By-Laws or Rules and Regulations of YORK USA.2. Ratifying, altering or rejecting decisions and policies of any committee or person except as otherwise specifically designated in the Constitution and By-Laws of YORK USA.3. Managing of business and affairs of YORK USA, subject to the restrictions imposed by laws, the certificate of incorporation, and the Constitution and By-Laws of YORK USA.4. Imposing financial assessments on member clubs when necessary.5. Enforcing the Laws of the Game, the Constitution and By-Laws, and the Rules and Regulations of YORK USA and those of the United States Soccer Federation (USSF) and its affiliates.6. Transacting all the business of YORK USA directly or be delegation of its authority to such person or persons as it may from time to time designate, except in matters otherwise delegated and reserved in the Constitution and/or By-Laws.7. Making a report to the general membership at the general membership meeting of all items discussed at the Executive Committee Meetings.8. Voting Privilege –No Executive Committee member is entitled to cast a vote at any general membership meetings in which a vote takes place or at the Annual General Meeting unless the Executive Committee members is the designated representative or alternate for a full member club.9. Addresses appeals and renders decisions on said appeals as deemed appropriate.B. President’s Duties – The duties of the President of YORK USA include:1. Presiding at general membership and Executive Committee meetings.2. Enforcing the Constitution, By-Laws, and Rules and Regulations of YORK USA.3. Appointing committee chairpersons and administrative personnel with the approval of the Executive Committee by majority vote.4. Calling all general membership/Executive Committee meetings as herein provided to be called by the President. 5.Declaring postponement of games due to inclement weather, poor field conditions and/or unavailability of fields. The Games Commissioner may postpone no game later than two, (2) hours prior to the scheduled start time.6. Supervising the affairs of YORK USA.7. Signing all contracts and documents of YORK USA when the same shall be duly authorized.8. Performing other such duties as the Executive Committee or general membership may from time to time direct.9. Maintaining the office supply credit card and will be responsible for all purchases.10. Approving/authorizing all requests for purchases.C. President’s Powers – in addition to that necessary to carry out the President’s duties, the President’s power shall include:1. Calling special meetings of the YORK USA Executive Committee and/or general membership upon five (5) day notice to those concerned.2. Casting the deciding vote on any issue at a general membership or Executive Committee meeting that is in deadlock.3. Appointing At Large Members to temporarily fill a vacant office with the approval of the Executive Committee by majority vote.4. Any other such powers as the Executive Committee shall from time to time vest in the President.D. Executive Vice-President – The duties of the Executive Vice-President include:1. Acting as Chairperson for the Finance Committee.2. Assisting the Treasurer in formulating an annual budget and providing a second signature on all checks written by the Treasurer.3. Assisting the President in the performance of their duties.4. Succeed to the authority of the President in the case of the President’s absence, incapability, removal from office, resignation, or death.5. Upholding and enforcing the Constitution and By-Laws of YORK USA.6. Maintaining a debit/credit card associated with the York USA bank account and adhering to the Financial Accountability and Reconciliation Policy and Procedure regarding payments, purchase, and deposits.E. Vice-President of Boys – The duties of the Vice-President of Boys include:1. Being responsible for the administration of the competitive boy’s division.2. Being responsible for posting field closures on Rained Out.3. Upholding and enforcing the Constitution and By-Laws of YORK USA.4. Conducting an annual audit of the York USA bank account in coordination with At Large Members 2 and 6 and reporting results of the audit during the Annual General Meeting.F. Vice-President of Girls – The duties of the Vice-President of Girls include:1. Being responsible for the administration of the competitive girl’s division.2. Being responsible for posting field closures on Rained Out when the Vice-President of Boys is not available.3. Upholding and enforcing the Constitution and By-Laws of YORK USA.4. Providing a second signature on all checks written by the Treasurer if the Executive Vice President is unavailable.G. Executive Secretary – The duties of the Executive Secretary include:1. Keeping a written record of all proceedings of YORK USA in a book to be kept solely for that purpose.2. Keeping written record of each club representative and YORK USA Executive Committee Member in attendance at all general membership and Executive Committee meetings in a book to be kept solely for that purpose.3. Keeping and maintaining the YORK USA Constitution, By-Laws, Rules and Regulations and all adopted amendments thereto.4. Being responsible for reporting the minutes of each general membership meeting at the beginning of the next meeting.5. Being responsible for the distribution of all monthly meeting minutes. 6. Serving as the YORK USA Risk Management Coordinator.H. Executive Treasurer – The duties of the Executive Treasurer include:1. Keeping a full and accurate accounting of the receipts and disbursements of YORK USA.2. Being responsible for the care and custody of YORK USA’s funds, including deposits and investing such funds in the name of YORK USA under the direction of the Executive Committee.3. Reporting in writing on the state of finances whenever so requested by the President or a majority of the Executive Committee.4. Coordinating and assisting in the preparation of information necessary to properly complete all tax returns required.5. Paying all bills after the Executive Committee has duly authorized such.6. Providing a written financial report at each general membership meeting and Executive Committee meeting or as requested to do so by the Executive Committee.7. Submitting an annual budget for review and approval by the Executive Committee and general membership at the Annual General Meeting.8. Being bonded for a sum of at least equal to the amount of the assets of YORK USA. There shall also be a second signature as approved by the general membership as authorized to sign for, and be bonded as, an acting Treasurer when needed.9. Adhering to all aspects of the Financial Accountability and Reconciliation Policy and Procedure.I. At Large Members – There shall be a minimum of one (1) up to a maximum of six (6) At Large Members whose duties include:1. At Large Member 1 shall chair the Judicial Committee.2. At Large Member 2 shall assist the Vice-President of Boys and will participate in the annual audit of the York USA bank account.3. At Large Member 3 shall assist the Vice-President of Girls. 4. At Large Members 4 will be provided with copies of the checkbook and the account statements monthly for review and reconciliation and will provide a report of audit results at league meetings.5. At Large Members 5-6 shall be the first consideration of any other committee as deemed necessary by the President or Executive Committee.Article VI – Administrative PositionsA. Appointment – All administrative positions shall be as approved by the Executive Committee and appointed by the President. Appointments shall be made within one month of the Annual General Meeting.1. Appointed positions shall be entitled to compensation as set forth by the Executive Committee and as defined by the Fee/Fine Schedule.2. Failure of any appointed position member to fulfill their duties will be grounds for removal from office.B. League Registrar – The duties of the League Registrar shall include:1. Being responsible for any other such duties as determined by the Executive Committee.2. Conducting all player registration, transfers, and releases in accordance with the By-Laws, Rules and Regulations of YORK USA, and other pertinent rules and regulations of the USSF and its affiliates. Player registration dates shall be established by the League Registrar and approved by the general membership. The League Registrar shall be under no obligation to process improper registration transfers, or releases.3. Submitting a report at all regularly scheduled meetings of the general membership and Executive Committee meetings when required and at other such times as may be directed by the President of YORK USA.C. Games Commissioner – The duties of the Games Commissioner shall include:Scheduling all competition among teams duly registered. Schedules shall be approved by general membership prior to the start of seasonal play. Scheduling all games and competitions in accordance with the by-laws, Rules and Regulations of YORK USA, and any other pertinent rules and regulations of the USSF and its affiliates.Submitting a report at all regularly scheduled meetings of the general membership, at all Executive Committee meetings when required, and at other such times as may be directed by the President of this Association.Being responsible for any other such duties as determined by the Executive Committee.D. Referee Assignor – The duties of the Referee Assignor shall include:1.Assigning referees to all scheduled games and tournaments held or hosted by YORK USA in accordance with league schedules. All assignments shall be in accordance with the By-Laws, Rules and Regulations of YORK USA, and any other pertinent rules and regulations of the USSF, Eastern Pennsylvania Soccer Association Referee Committee (EPSARC), and its’ affiliates.2.Monitoring referee showings for regular league games in accordance with the league scorer and shall address and submit the appropriate sanctions for referees who are no-show with the local referee association.3.Submitting a report at all regularly scheduled meetings of the general membership and Executive Committee meetings when required and at other such times as may be directed by the President of YORK USA.E.Director of Sportsmanship – The duties of the Director of Sportsmanship shall include:1.Educating players, coaches, clubs, and spectators on the Laws of the Game and proper sportsmanship.2.Serving as the point person for disputes and conflict resolution regarding complaints and reports of unsportsmanlike behavior.3. Coordinating with the Referee Assignor in the event complaints are made against a referee or a referee to complete an investigation.4. Submitting a report at all regularly scheduled meetings of the general membership and Executive Committee meetings when required and at other such times as may be directed by the President of YORK USA.F.Webmaster – The duties of the Webmaster shall include:1.Developing and maintaining the YORK USA website.2. Submitting a report at all regularly scheduled meetings of the general membership and Executive Committee meetings when required and at other such times as may be directed by the President of YORK USA.Article VII – Judiciary CommitteeA. The Judiciary Committee is established under the Constitution and By-Laws of YORK USA. The first At Large Member shall chair this Committee. Nine club representatives, approved by, but not members of the Executive Committee, will serve on this Committee. The Judiciary Committee shall be responsible for the arbitration of disputes arising from violations of the Laws of the Game and any other disputes and/or grievances that may from time to time arise within YORK USA. They shall also be responsible for notifying the involved club representative and general membership of all decisions rendered.1. This Committee shall have the power to form subcommittees to arbitrate disputes that stem directly from violation of the By-Laws of YORK USA.a. The composition of these subcommittees is subject to the approval of the Executive Committee.b. The members of any Judiciary subcommittee shall represent different member clubs. No subcommittee member shall represent the same club(s) as whose case is being heard.B. Power – The Judiciary Committee or its subcommittee(s) have the power to summon any individual it deems necessary to decide. The failure of a club representative or other summoned individual to appear shall not deter the Committee from rendering a decision based on evidence before it.1. Failure to appear, without just cause, after receipt of a summons from the Judiciary Committee shall subject the notified party to disciplinary action.C. Authority – Pursuant to the Constitution of YORK USA, the Judiciary Chairperson, Committee, and/or any subordinate committees formed by the Judiciary Committee, shall have the authority to penalize any member club, team, individual, Executive Committee Member, coach, member(s), and/or player(s) within YORK USA. Penalties may include, but are not limited to:1. Letters of censure2. Forfeiture of game(s) and/or points in a competitive standing3. Fines to club(s)4. Temporary or permanent suspension from games and other activities of YORK USA5. Sanctions prescribed by the Arbitration Board Rules of EPYSA are minimum penalties that may be imposed by any person or committee authorized pursuant to these By-Laws to impose such sanctions.6. Decisions reached by the Judiciary Committee are subject to appeal directly to the Executive Committee.D. Meetings – The Judiciary Committee shall meet within 45 days of receipt of written notification of the Executive Committee, the President, or at the request of any aggrieved member club. A quorum shall be at least five of the ten members in attendance and must include the chairperson.1. No other person may attend a Judiciary Committee unless specifically authorized by the Executive Committee.E. Procedures – At the conclusion of the Judiciary Committee meeting, the Chairperson, or his designee shall file a written report on the decision rendered by the Committee to the Executive Committee.F. Notification – The Judiciary Committee shall notify all clubs involved in any action of their decision within 48 hours of said decision. The notification may be any method with a return receipt delivery that guarantees delivery within 48 hours. Notification sent to the representative shall be on record with the Executive Secretary and shall be maintained in the YORK USA office.G. Records – The Judiciary Committee shall record all decisions and maintain written record of all decisions and actions for a period of five (5) years from the time of each decision. This record shall be utilized as background information for future judicial boards on precedent and jurist prudence. These records will be maintained in the YORK USA office.H. Appeals – Any club, team or person dissatisfied with the decision of the Judiciary Committee shall have an automatic right of appeal. Such appeal shall be a written appeal submitted to the Executive Committee, in care of the League Secretary, by any method with a return receipt delivery, within 48 hours of the date of receipt of the decision. Any club, team or person dissatisfied again by the decision of the Executive Committee has the right of appeal to the appropriate governing body.Article VIII – Amendments to the Constitution and By-LawsA. Amendment Proposals – Any proposal or motion to amend the Constitution or By-Laws of YORK USA must be submitted in writing to the Executive Committee, addressed to the President. Any full club member may make a By-Law amendment motion prior to the Annual General Meeting.B. Amendment Adoption – A proposed amendment may be made at any time during the year. All amendment motions shall be read or emailed at least two (2) consecutive months. The final vote on the proposed amendment shall be conducted at the Annual General Meeting. An amendment shall carry with an affirmative majority vote.1. The amendment shall be recorded by the Executive Secretary and shall become a permanent part of the Constitution or By-Laws.Article IX – Seasonal, Registration and Budget YearA. Seasonal and Registration Year – The seasonal and registration year shall follow the guidelines as set forth by EPYSA, which begins September 1st of the current year and ends August 31st of the following year.B. Budget Year – The budget years shall begin August 1st and end July 31st of the next year.1. The budget shall be presented to the Executive Committee by the Executive Vice President and the Executive Treasurer at least two months prior to the Annual General Meeting. The budget shall be voted on at the Annual General Meeting.2. Should the budget not be approved, the budget will be reviewed, amended, and voted on at consecutive general membership meetings until approved. No expenditures of YORK USA will be authorized until the budget is approved.Article X – AssessmentsA. Fee/Fine Schedule – In addition to the fees and costs prescribed by the Executive Committee for membership in YORK USA, each member club agrees to pay the fees and costs prescribed in YORK USA’s Fee/Fine Schedule. Fees and Fines shall be assessed for the following items, but are not limited to such:1. Failure to: a. Attend meetings b. Report to a regularly scheduled game, resulting in forfeiture.2. Either the Executive Committee or the Judiciary Committee may impose fines.B. Escrow – All member clubs, be they full or provisional, shall, at the beginning of their membership in YORK USA, place in escrow with the Executive Treasurer, an amount of $100.00 for use toward any potential fines assessed. Each time a fine is assessed and removed from the escrow account, the club must replenish the account prior to the next scheduled general membership meeting.1. The account must be replenished whether the club appeals the fine or not. Should the club appeal and have the original fine overturned, YORK USA shall reimburse the member club any fine assessed.2. Should any club fail to replenish the escrow account when a fine is assessed, they shall be considered a club in poor standing and prohibited from play. All games scheduled and missed due to poor standing shall be considered a forfeit.Article XI – Conflicts of InterestA. Purpose – The purpose of the conflict of interest policy is to protect this tax-exempt organization’s (YORK USA) interest when it is contemplating entering into a transaction or arrangement that might benefit the private interest of an Officer or Director of the Organization (YORK USA) or might result in a possible excess benefit transaction. This policy is intended to supplement but not replace any applicable state and federal laws governing conflict of interest applicable to nonprofit and charitable organizations.B. Definitions: 1. Interested Person – Any member, principal officer, or member of a committee with governing board-delegated powers, who has direct or indirect financial interest as defined below, is an interested person.2. Financial Interest – A person has a financial interest if the person has, directly or indirectly, through business, investment, or family:a. An ownership or investment interest in any entity with which the Organization has a transaction or arrangement, orb. A compensation arrangement with the Organization or with any entity or individual with which the Organization has a transaction or arrangement, orc. A potential ownership or investment interest in, or compensation arrangement with, any entity or individual with which the Organization is negotiating a transaction or arrangement.3. Director - Any administrative person, any member delegate or an officer of any member club.4. Compensation includes direct and indirect remuneration as well as gifts or favors that are not insubstantial.5. A financial interest is not necessarily a conflict of interest. Under Paragraph C. Section 2, a person who has a financial interest only if the appropriate governing board or committee decides that a conflict of interest exists.C. Procedures1. Duty to Disclose – In connection with any actual or possible conflict of interest, an interested person must disclose the existence of the financial interest and be given the opportunity to disclose all material facts to the members of committees with governing board delegated powers considering the proposed transaction or arrangement.2. Determining Whether a Conflict of Interest Exists – After disclosure of the financial interest and all material facts and after any discussion with the interested person, he/she shall leave the governing board or committee meeting while the determination of a conflict of interest is discussed and voted upon. The remaining board or committee members shall decide if a conflict of interest exists.3. Procedures for Addressing the Conflict of Interesta.An interested person may make a presentation at the governing board or committee meetings, but after the presentation, he/she shall leave the meeting during the discussion of, and the vote on, the transaction or arrangement involving the possible conflict of interest.b.The chairperson of the governing board or committee shall, if appropriate, appoint a disinterested person or committee to investigate alternatives to the proposed transaction or arrangement.c.After exercising due diligence, the governing board or committee shall determine whether the Organization can obtain with reasonable efforts, a more advantageous transaction or arrangement from a person or entity that would not give the rise to a conflict of interest.d.If a more advantageous transaction or arrangement is not reasonably possible under circumstances not producing a conflict of interest, the governing board or committee shall determine by a majority vote of the disinterested directors whether the transaction or arrangement is in the Organization’s best interest, for its own benefit, and whether it is fair and reasonable. In conformity with the above determination is shall make its decision as to whether to enter into the transaction or arrangement.4.Violations of the Conflict of Interest Policya.If the governing board or committee has reasonable cause to believe a member has failed to disclose actual or possible conflicts of interest, it shall inform the member of the basis for such belief and afford the member an opportunity to explain the alleged failure to disclose.b.If, after hearing the member’s response and after making further investigation as warranted by the circumstances, the governing board or committee determines the member has failed to disclose an actual or possible conflict of interest, it shall take appropriate disciplinary and corrective action.D. Records of Proceedings – The minutes of the governing board and all committees with board-delegated powers shall contain:1. The names of the persons who disclosed or otherwise were found to have financial interest in connection with an actual or possible conflict of interest, the nature of the financial interest, any action taken to determine whether a conflict of interest was present and the governing board or committee’s decision as to whether a conflict of interest in fact existed.2.The names of the persons who were present for discussions and votes relating to the transaction or arrangement, the content of the discussion, including any alternatives to the proceedings.pensation1.A voting member of the governing board who receives compensation, directly or indirectly, from the Organization for services is precluded from voting on matters pertaining to that member’s compensation.2.A voting member of any committee whose jurisdiction includes compensation matters and who receives compensation, directly or indirectly, from the Organization for services, is precluded from voting on matters pertaining to that member’s compensation.3.No voting member of the governing board or any committee whose jurisdiction includes compensation matters and who receives compensation, directly or indirectly, from the Organization, either individually or collectively, is prohibited from providing information to any committee regarding compensation.F.Annual Statements – Each director, principal officer, and member of a committee with governing board delegated powers shall annually sign a statement which affirms such person:1.Has received a copy of the conflict of interest policy2.Has read and understand the policy3.Has agreed to comply with the policy, and4.Understands the Organization is charitable and in order to maintain its federal tax exemption it must engage primarily in activities which accomplish one or more of its tax-exempt purposes.G.Periodic Reviews – To ensure the Organization operates in a manner consistent with charitable purposes and does not engage in activities that could jeopardize its tax-exempt status, periodic reviews shall be conducted. The periodic reviews shall, at a minimum, include the following subjects:1.Whether compensation arrangement and benefits are reasonable, based on competent survey information and the result of arm’s length bargaining.2.Whether partnerships, joint ventures, and arrangements with management organizations conform to the Organization’s written policies, are properly recorded, reflect reasonable investment or payments for goods and services, further charitable purposes and do not result in inurement, impermissible private benefit or in an excess benefit transaction.H.Use of Outside Advisors – When conducting the period reviews as provided for in Article VII, YORK USA may, but need not, use outside advisors. If outside advisors are used, their use shall not relieve Executive Committee of its responsibility for ensuring periodic reviews are conducted.Article XII – ity –YORK USA shall recognize suspensions and rulings of all other leagues or associations under the jurisdiction of EPYSA and USSF.B.Recruiting – No team, club, player, coach, or any other person may approach a registered player to encourage leaving his/her team or club without first contacting the player’s coach. In a case where deliberate attempt to induce a player to leave his/her team can be proven, the offending club shall be subject to a fine of $100.00 and be placed on probation for a period of one (1) year. The Judiciary Committee shall hear all cases of recruitment.C.Reports – The Executive Committee and/or Judicial Committee have the authority to require any person, team, or member club to provide a written report upon request.D.Interpretation – The Constitution and By-Laws of YORK USA are interpreted to be consistent with the Constitution and By-Laws of EPYSA and USSF and its affiliates. In the case of conflict, EPYSA and USSF or its affiliates shall govern.1.Wherein the Constitution and/or By-Laws of YORK USA are materially different from but not in conflict with EPYSA, USSF or its affiliates, YORK USA’s Constitution and By-Laws shall govern.Article XIII – DissolutionA. Funds – In the event YORK USA is terminated or voluntarily dissolves (hereinafter “dissolution”), after the payment or final resolution of all legitimate obligations, all remaining moneys in the treasury along with personal property (equipment, etc.) shall be equally divided among those then active full member soccer clubs that have been an actively participating full member for a period of two (2) consecutive years or more, maintain an active on-going youth soccer program, and is a qualified recipient organization so as not to violate YORK USA’s tax status under Internal Revenue Code Section 501 (c)(3), and are members in good standing at the time of dissolution.1.Full member active soccer clubs who have been a member for less than two (2) consecutive years shall be reimbursed only their initial entry fee and no more.2.All other remaining matters pertaining to the YORK USA at the time of dissolution shall be addressed by the Executive Committee and brought to final resolution. Such resolutions are not subject to dispute by any member club, team, coach, referee, or other persons having a relationship to or with YORK USA.3.In the event YORK USA is qualified as a 501 (c)(3) – (not for profit corporation) at dissolution, the dissolution of YORK USA shall be effectuated in accordance with the Pennsylvania Not for Profit Corporation Law.4.Upon final dissolution, the Executive Committee, after making provisions for the payment of all liabilities, shall disperse remaining assets in such a manner as to reflect a like purpose. Provided said recipient association qualifies as an exempt organization under section 501 (c)(3) of the Internal Revenue Code of 1954, as amended. ................
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